The American Bar Association Standards Review Committee is considering a recommendation that the ABA no longer prohibit law students from receiving money for internships and externships. Karen Sloan of The National Law Journal has the story.
In their debut article for The Intercept, Jeremy Scahill and Glenn Greenwald examine the National Security Agency’s controversial role in targeting terror suspects for lethal drone strikes and the effectiveness of geolocating technology.
Dallas District Attorney Craig Watkins created the nation's first Conviction Integrity Unit. In an interview with NPR’s Melissa Block, Watkins discusses the 87 overturned convictions in the U.S. in 2013 and what is being done in Dallas County to prevent miscarriages of justice.
With the U.S. Supreme Court returning to session on February 24, the justices could soon rule on whether legislative prayer violates the Establishment Clause. Michael Kirkland at UPI breaks down Town of Greece v. Galloway.
President Obama promised but failed to shutter the Guantánamo Bay military prison and has refused to launch an investigation into the use of torture at the prison and other unknown or “black sites.” But groups like Human Rights Watch and many others, including inmates at the prison, strive to highlight the injustices and atrocities of the prison, rendition and military commissions.
It’s not an easy endeavor in a nation where polls suggest that many people are not terribly concerned about the rights of people who the American government has labeled terrorist suspects. In a piece for The New York Times op-ed page that garnered notice, Samir Najl al Hasan Moqbel, a prisoner at Guantánamo for more than 10 years, explained his reasons for going on a hunger strike. He’s never been charged with a crime, he has been left to languish in a dark hole, where prison officials brutally force-feed him. “The situation is desperate now,” he writes. “All of the detainees are suffering deeply. At least 40 people are on a hunger strike. People are fainting with exhaustion every day. I have vomited blood.”
It has been widely documented that military detainees have been tortured at Guantánamo and other unknown or “black” sites overseas, with the knowledge of top administration officials in the administration of George W. Bush. In 2011, Human Rights Watch issued a report documenting evidence that top Bush administration officials, including the president, approved of torture. (Office of Legal Counsel memoranda were eventually made public reveling the lengths attorneys took to justify torture.) The Constitution Project, as reported by The New York Times’ Scott Shane, has released an exhaustive report, more like a book, that adds “considerable detail” to the treatment of military detainees. See the group’s Task Force on Detainee Treatment.
Another report from Seton Hall School of Law provides more evidence that the Guantánamo military tribunals are a sham.
Law Professor Mark Denbeaux, director of the law school’s policy and research center, said government surveillance of conversations between attorneys and military detainees greatly undermines the already wobbly legitimacy of the military commissions.
Damien Corsetti was an interrogator at the Bagram Air Force Base in Afghanistan in 2002, where, according to The New York Times, he was known as the “King of Torture.” In 2006, he was prosecuted for alleged abusive treatment he committed while an interrogator, but was acquitted. Nevertheless, he told our Witness to Guantanamo project that he had mistreated his prisoners.
When he began working in summer 2002, Corsetti believed in what he was doing. He thought they were all guilty and, like most Americans, he was angry. He explained how he had obtained information regarding several alleged plots through his interrogations in time for the U.S. to intervene and prevent the incidents from occurring. He saved American lives.
In the months that followed, however, he and other interrogators began to have doubts about their work. They asked a Judge Advocate General, or JAG lawyer, for advice. The JAG attorney assured them that their actions were legal because the Bush administration had decided not to adhere to the Geneva Conventions. After hearing the JAG assessment, Corsetti felt obligated to follow orders.
Corsetti told us how he would hood prisoners, tighten the cord at the neck, and then pour water over the hood. The process wasn’t quite the same as “waterboarding,” but the detainees did experience the sensation of drowning or suffocating.
He forced prisoners into extremely uncomfortable and awkward “stress positions” for hours. He noted how the military later renamed the term “stress positions” to “safety positions,” explaining that the safety positions were for the safety of the interrogators and the military personnel on the base, not the detainees.
When the Supreme Court takes up the Voting Rights Act case this week, Shelby County v. Holder, the Justices will focus on this question: Whether Congress had authority under the Fourteenth and Fifteenth Amendments to require certain jurisdictions to gain federal preclearance before making any changes to their election laws. But lurking in the background of the Question Presented is a curious nod to federalism. Thus the Court will ask if Congress exceeded its authority, then did it violate the Tenth Amendment and Article IV—provisions that, according to the petitioner, protect states’ rights.
We might wonder where this federalism concern comes from. After all, neither the Tenth Amendment nor Article IV limits federal authority because of states’ rights. Neither provision says anything about the substantive scope of federal authority; and neither provision obviously grants a claim of states’ rights. Instead, they simply outline the necessary relationship between the federal government and the states in a federal system like ours. These provisions are, at most, a blueprint for federalism. They add nothing to the core question of congressional authority, the real issue in the case.
Federal courts have avoided legal challenges against President George W. Bush’s construction of counterterrorism policies that included extraordinary rendition where terrorism suspects were secretly shipped to countries well-known for employing torture. The Bush and Obama administrations urged the federal courts to dismiss legal challenges to extraordinary rendition and secret detention sites arguing that they would expose “state secrets.”
But an exhaustive report from the Open Society Foundations’ Justice Initiative reveals the policies marketed as a way to protect Americans from terrorism, trampled human rights and produced fatally flawed information. Rendition, in particular, “stripped people of their most basic rights, facilitated gruesome forms of torture, at time captured the wrong people, and debased the United States’ human rights reputation world-wide,” write OSF’s Jonathan Horowitz and Stacy Cammarano about the report.
The federal government has refused to acknowledge participation in rendition and according to Horowitz and Cammarano more than 50 other governments were also involved though have refused to admit it. The initiative’s report details the brutality and senselessness of secret prisons and rendition.
In "Globalizing Torture: CIA Secret Detention and Extraordinary Rendition," Amrit Singh, a senior legal officer of OSF’s Justice Initiative, states that “more than a decade after September 11, there is no doubt that high-ranking administration officials bear responsibility for authorizing human rights violations associated with secret detention and extraordinary rendition, and the impunity that they have enjoyed to date remains a matter of significant concern.”
But because the government has used the so-called state-secrets privilege to scuttle lawsuits challenging the constitutionality of its counterterrorism work, it has until now been difficult to discern the scope of rendition, its number of victims and other government involvement.
In the report’s executive summary, it is noted that “based on credible public sources and information provided by reputable human rights organizations, this report is the most comprehensive catalogue of the treatment of 136 individuals reportedly subjected to these operations. There may be many more such individuals, but the total number will remain unknown until the United States and its partners make the information publicly available.”